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CAMP False Allegations Innocence Law Enforcement Press Release Prosecutorial Misconduct Wrongful Convictions

PR: SAVE Cites Excessive Delays, Bias with Hancock County Prosecutors

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

SAVE Cites Excessive Delays, Bias with Hancock County Prosecutors

WASHINGTON / April 25, 2013 – A Hancock County prosecutor, found guilty in December on multiple counts of unethical conduct, has yet to be sanctioned for her misconduct. Assistant district attorney Mary Kellett’s unethical actions harm the credibility of real victims and represent a threat to innocent citizens, charges SAVE, a victim-advocacy group.

After a two-year investigation, a three-member panel of the Maine Board of Overseers of the Bar ruled on December 5, 2012 that ADA Kellett engaged in multiple incidents of prosecutorial misconduct. The Bar Panel found Kellett did not act as a truth seeker, misled the jury, and engaged in conduct unworthy of an attorney (1).

The Panel cited Kellett’s failure to turn over “at least two key pieces of exculpatory evidence” which were critical to the defense of Vladek Filler, who had been charged with sexual assault. The seriousness of Kellett’s misconduct, the Panel emphasized, “cannot be overstated.”

More than four months later, the Maine Judicial Supreme Court has yet to decide on Kellett’s punishment. Despite the Bar Panel’s recommendation for suspension of her law license, Kellett has been allowed to continue her prosecutorial work.

Prosecutor bias has been documented in other domestic violence cases in Hancock County.

Cynthia Boucher had violated the bail conditions for a previous domestic incident against her husband Michael, an Ellsworth city councilman. He ended up in the hospital with facial lacerations.

Despite being a repeat offender, Mrs. Boucher was offered a plea deal that removed the domestic violence and bail violation charges, replacing them with a charge of simple assault. Boucher was ordered to spend only a weekend in jail and pay a $300 fine. Her victim was forced to flee the area with his daughter and resign his city council seat (2).

“This 4-month delay in sanctioning Mary Kellett is unconscionable and outrageous,” notes SAVE spokesman Howard Goldman. “Dozens of innocent men may risk similar prosecution without probable cause, while female repeat offenders are being given sweet-heart deals by Hancock County prosecutors.”

SAVE calls for DA Carletta Bassano to immediately remove Mary Kellett from her prosecutorial duties, and urges the Maine Supreme Court to act promptly on the Bar panel’s recommendation to restore integrity and credibility to Maine’s criminal justice system.

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

(1)   http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_discipline&id=464815&v=article
(2)    http://bangordailynews.com/2012/12/20/news/hancock/wifes-violent-outbursts-prompt-ellsworth-city-councilor-to-resign-leave-town/

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Accusing U. Campus Civil Rights DED Sexual Assault Directive False Allegations Innocence Sexual Assault Wrongful Convictions

PR: ‘Totalitarian Justice:’ Criticisms of Campus Sex Assault Panels Intensify

Contact: Mike Thompson
Telephone: 301-801-0608
Email: mthompson@saveservices.org

‘Totalitarian Justice:’ Criticisms of Campus Sex Assault Panels Intensify

WASHINGTON / April 29, 2013 – Three articles sharply critical of the handling of sex assault cases by campus disciplinary committees were published this past week. The critiques suggest college administrators may need to re-evaluate whether the federally mandated sex assault panels are rendering a disservice to victims, to the accused, and to the principle of justice itself, according to Stop Abusive and Violent Environments.

Writing in the Wall Street Journal on April 16, Judith Grossman describes the experience of her son, a student at a New England liberal-arts college (1). The panel’s hearing consisted of a “two-hour ordeal of unabated grilling” during which he was “expressly denied his request to be represented by counsel.” Grossman, a lawyer and self-described feminist, charges the student courts have “obliterated the presumption of innocence that is so foundational to our traditions of justice.”

The following day Harry Lewis, former Dean of Harvard College, and Jane Shaw, president of the John W. Pope Center for Higher Education, penned a critique of the University of North Carolina’s adjudication of a recent rape case (2).

After the accuser criticized the student panel for exonerating the accused, the university then proceeded to charge her with engaging in “disruptive or intimidating” behavior. Lewis and Shaw allege the student was denied her First Amendment rights, and conclude sexual assault cases are “certainly beyond the capacity” of campus disciplinary courts.

The sharpest critique appeared in the Northern Kentucky Law Review. Titled “A Hostile Environment for Student Defendants: Title IX and Sexual Assault on College Campuses,” attorney Stephen Henrick highlights the inherent conflicts of interest in college disciplinary panels (3).

One of these conflicts Henrick describes as ideological. At Stanford University, for example, a training manual advises sexual assault fact-finders that “persuasive and logical” statements by the accused should be interpreted as a sign of guilt.

“In the former Soviet Union, defendants were often denied legal counsel, freedom of speech was a legal fiction, and protestations of innocence were taken as evidence of guilt,” notes SAVE spokesperson Sheryle Hutter. “Now we are seeing a similar form of totalitarian justice, imposed by federal fiat on American universities in the name of curbing sexual assault.”

To date, over 110 editorials have criticized the Department of Education policy (4). Thirteen national organizations, including the American Association for University Professors, have called for repeal of the federal mandate (5).

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

  1. http://online.wsj.com/article/SB10001424127887324600704578405280211043510.html
  2. http://www.forbes.com/sites/realspin/2013/04/17/colleges-must-promote-personal-responsibility-not-he-said-she-said-trials/
  3. http://www.saveservices.org/wp-content/uploads/2013/Final-Law-Review-Article.pdf
  4. http://www.saveservices.org/camp/ded-directive/ded-editorials/
  5. http://www.saveservices.org/falsely-accused/sex-assault/complaints/
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Accusing U. Campus Civil Rights DED Sexual Assault Directive False Allegations Innocence Press Release Sexual Assault

PR: As Bogus Rape Claims Grow, SAVE Calls for Repeal of Federal Sex Assault Directive

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

As Bogus Rape Claims Grow, SAVE Calls for Repeal of Federal Sex Assault Directive

WASHINGTON /April 4, 2013 – Exactly two years after the U.S. Department of Education (DED) issued its directive on campus sexual assault, the federal mandate continues to stoke controversy. SAVE reiterates its call for the federal agency to remove the policy, first issued on April 4, 2011, which it believes is unconstitutional.

Civil rights expert Wendy Kaminer has described the policy as a concession to an “authoritarian impulse.” To date, 110 editorials have scored the DED mandate for imposing a preponderance-of-evidence standard, stripping the accused of the presumption of innocence, and allowing students to be expelled without the benefit of legal counsel: http://www.saveservices.org/camp/ded-directive/ded-editorials/

The directive has given rise to a growing number of false allegations of sexual assault, many say.

On February 15, 2013, Morgan Triplett, claimed she was raped in broad daylight on the campus of the University of California-Santa Cruz. In truth, she had placed an abuser-wanted advertisement on Craigslist, soliciting a person to “punch, kick, and bruise her in exchange for sex.”

The Triplett case may have inspired a North Dakota woman to place a similar ad.

On March 24, Mary Kate Gullickson, a student at North Dakota State University, ran a solicitation on Craigslist seeking a man to abduct and assault her to satisfy a “rape fantasy.” Four days later Gullickson pleaded guilty to providing false information to a police officer. In addition to supervised probation, she was ordered to pay restitution to cover the cost of investigating the bogus rape claim.

“The DED sex mandate is an example of political correctness run amok,” notes SAVE spokesperson Sheryle Hutter. “Universities should be serve as a wellspring of democratic ideals, not the playground for totalitarian fantasies.”

Thirteen organizations, including the American Association of University Professors, have called for repeal of the DED directive: http://www.saveservices.org/camp/complaints/

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

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Accusing U. Campus Civil Rights DED Sexual Assault Directive Domestic Violence False Allegations Innocence Press Release Sexual Assault

PR: New York Times Engages in Bias, Secret Alterations in Coverage of Campus Sex Assault Issue, SAVE Charges

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

New York Times Engages in Bias, Secret Alterations in Coverage of Campus Sex Assault Issue, SAVE Charges

WASHINGTON / March 25, 2013 – The New York Times has repeatedly published biased and inaccurate articles regarding allegations of sexual assault on campus, according to Stop Abusive and Violent Environments. This past week the NYT secretly altered an inaccurate statement by one of its reporters. SAVE is calling for acknowledgement of the change and a public commitment to balanced coverage in future articles on the issue.

The NYT published an article on March 19 by reporter Richard Perez-Pena titled, “College Groups Connect to Fight Sexual Assault” (1). Regarding the Department of Education’s controversial sexual assault policy, the article claimed the federal mandate “did not markedly change interpretation of the law.”

But the 2011 sex mandate did substantially alter the prior DED stance, many say. The new policy lowered the standard of proof to the weakest preponderance-of-evidence standard, discouraged cross-examinations by the accused, subjected the accused to “double-jeopardy” appeals, and generally removed the presumption of innocence. These changes have been discussed and documented in over 100 editorials (2) and legal analyses (3).

So within hours of publication the Times, without acknowledgement or expression of regret, covertly changed the wording of this key conclusion to read, “The letter changed interpretation of parts of the law.” The wording and time of the change was captured by NewsDiffs, which monitors alterations to news articles (4).

Two days later, columnist KC Johnson disclosed the ruse, noting the change rendered the revised sentence “all but senseless.” Johnson’s column also questioned why reporter Perez-Pena failed to include a response from a defense attorney or civil libertarian to assure editorial balance. Johnson documented examples of significant editorial bias in other articles by the same reporter (5).

“In light of these disturbing revelations, it’s hard to imagine how Richard Perez-Pena will be able to restore his journalistic credibility,” notes SAVE spokesman Howard Goldman. “These revelations also raise questions about the New York Times’ commitment to editorial fairness in its coverage of the campus sexual assault issue.”

The American Association of University Professors and 12 other organizations have called on the Department of Education to rescind its controversial sexual assault policy (6).

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org  

  1. http://www.nytimes.com/2013/03/20/education/activists-at-colleges-network-to-fight-sexual-assault.html?pagewanted=all&_r=1&
  2. http://www.saveservices.org/camp/ded-directive/ded-editorials/
  3. http://collegeinsurrection.com/2012/09/education-dept-unlawfully-changes-burden-of-proof-in-college-sexual-harassment-cases/
  4. http://www.newsdiffs.org/diff/185019/185187/www.nytimes.com/2013/03/20/education/activists-at-colleges-network-to-fight-sexual-assault.html
  5. http://www.mindingthecampus.com/forum/2013/03/the_times_still_biased_on_coll.html#more
  6. http://www.saveservices.org/camp/complaints/
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Accusing U. Campus Civil Rights False Allegations Innocence Press Release Sexual Assault

PR: Over 100 Editorials Now Call for Repeal of Federal Sex Mandate

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

Over 100 Editorials Now Call for Repeal of Federal Sex Mandate

WASHINGTON / March 19, 2013 – Nearly two years after the U.S. Department of Education (DED) issued its “Dear Colleague” directive on campus sexual assault, the federal mandate continues to serve as a lightning rod for debate and criticism. To date, over 100 editorials have challenged the DED mandate: http://www.saveservices.org/camp/ded-directive/ded-editorials/

The editorials have criticized the federal mandate for removing fundamental due process protections, weakening the standard of proof to a preponderance of evidence, and encouraging false allegations. A growing number of judges, attorneys, and victim advocates have highlighted the damage caused by bogus accusations: http://www.saveservices.org/falsely-accused/sex-assault/victim-advocates-speak-out/

Last week the New York Times sponsored a debate on the directive. One columnist, Adam Goldstein of the Student Law Center, decried campus “Star Chambers” that adjudicate allegations of rape “without subpoena powers, a right to representation, or any kind of due process controls.” http://www.nytimes.com/roomfordebate/2013/03/12/why-should-colleges-judge-rape-accusations/rape-is-a-crime-treat-it-as-such

Thirteen organizations including the American Association of University Professors have called on the Department of Education to rescind its policy: http://www.saveservices.org/camp/complaints/

“The DED sex mandate is the latest example of the authoritarian mindset that seems to be taking hold at college campuses across the country,” notes SAVE spokesperson Chris Thompson. “Universities should be watchdogs of the principles of liberal democracy, not lapdogs to an extreme agenda that seeks to remove due process from the innocent.”

Students found guilty under the policy are typically expelled and may find it difficult to gain admission at another college. Civil rights expert Wendy Kaminer has described the policy as an ill-considered concession to an “authoritarian impulse.” http://www.theatlantic.com/national/archive/2011/04/sexual-harassment-and-the-loneliness-of-the-civil-libertarian-feminist/236887/

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org and www.accusingu.org .

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Child Custody Civil Rights Domestic Violence False Allegations Innocence Law Enforcement Press Release Prosecutorial Misconduct Restraining Order Victims Wrongful Convictions

PR: Penobscot Co. Woman Says Prosecutor Mary Kellett Employed Threats and ‘Bald-Faced Lie’ to Induce Testimony

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

Penobscot Co. Woman Says Prosecutor Mary Kellett Employed Threats and ‘Bald-Faced Lie’ to Induce Testimony

WASHINGTON / February 6, 2013 – A Penobscot County woman has accused assistant district attorney Mary Kellett of lying in order to coerce her to testify in a domestic assault case. Michelle Sayasane has claimed that Kellett falsely represented that Sayasane’s husband, Keo, had murdered a previous wife as a legal tactic to coerce Sayasane to become a cooperative witness.

According to an August 18, 2011 article in the Bangor Daily News, Justice Kevin Cuddy learned that ADA Kellett told Mrs. Sayasane that her husband had been convicted in the 1987 stabbing death of his former wife. Kellett claimed the source of the information was deputy attorney general William Stokes, head of the Attorney General Office’s criminal division: http://bangordailynews.com/2011/08/18/news/hancock/blue-hill-man-seeks-case-dismissal-over-bad-information-from-prosecutors/

But Kellett’s statement appears to have been false. “Stokes said he never provided any information to Kellett that indicated that the victim in the manslaughter case was Sayasane’s previous wife, or even that the victim was a woman,” according the Bangor Daily News account.

In an article published earlier this week, Mrs. Sayasane revealed the reasons behind her reluctance: her husband “needed counseling, not jail, and I was not going to be a part of putting him there:” http://www.avoiceformen.com/feminism/government-tyranny/my-ordeal-with-mary-kellett/. Kellett responded by threatening to have Child Protective Services remove their children, according to Sayasane.

Finally, Sayasane relented and agreed to cooperate with the prosecution, even though Kellett allegedly caused “massive emotional distress on me and my entire family.”

“In December, a special panel ruled that prosecutor Mary Kellett violated seven ethical rules and recommended her license be suspended,” explains SAVE spokesman Steve Blake. “Michelle Sayasane’s latest account of prosecutor bullying and dishonesty reinforces the need for prompt action.”

Sayasane says she plans to file a complaint against Kellett with the Maine Board of Overseers of the Bar for witness tampering.

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

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Civil Rights Domestic Violence False Allegations Innocence Law Enforcement Press Release Prosecutorial Misconduct Sexual Assault Violence Wrongful Convictions

PR: Assistant District Attorney Continues to Prosecute Cases Despite Suspension Recommendation: SAVE Calls on Hancock County Commissioners to Take Action

PRESS RELEASE

Contact: Teri Stoddard
Phone: 301-801-0608
Email: tstoddard@saveservices.org

Assistant District Attorney Continues to Prosecute Cases Despite Suspension Recommendation:

SAVE Calls on Hancock County Commissioners to Take Action

WASHINGTON / February 1, 2013 – Following the recommendation of a panel to suspend the law license of Hancock County prosecutor Mary N. Kellett, Stop Abusive and Violent Environments (SAVE) is calling on Hancock County Commissioners to exercise its duty to protect the public by immediately removing Kellett from her prosecutorial duties.

In 2007, Vladek Filler filed for divorce from Ligia Filler, eventually winning sole custody of their three children. Assistant District Attorney Mary Kellett became involved in the case because of Ms. Filler’s allegations of domestic violence.

Kellett’s conduct in the case prompted Mr. Filler’s attorney to assert that Kellett ignored exculpatory forensic evidence, Mrs. Filler’s recorded admissions, and her documented child abuse, thus using her prosecutorial powers to improperly take sides in a custody dispute.

Following allegations of prosecutorial misconduct, the Maine Supreme Judicial Court heard the case. In 2010 the Court concluded that Filler’s constitutional right to a fair trial was violated by Kellett’s actions and remanded the case for a retrial.

On March 29, 2011, Stop Abusive and Violent Environments filed a Grievance Complaint with the Board of Overseers of the Bar, detailing numerous examples of improper and unethical conduct by ADA Kellett.

Following a public disciplinary hearing in December 2012, a Panel of the Board of Overseers of the Bar issued a unanimous decision for the suspension of Kellett’s license for “conduct unworthy of an attorney.” The panel ruled Kellett violated seven Bar rules including undermining the administration of justice, withholding and suppressing exculpatory evidence, violating a court order, and misleading the jury: http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_discipline&id=464815&v=article 

Despite court decisions, a two-year investigation by the Board of Overseers of the Bar, and a recommendation for the suspension of her license, Kellett has been allowed to continue her normal prosecutorial duties. Pending a final determination by the Maine Supreme Judicial Court, SAVE is calling on the County Commissioners to promptly remove Kellett from her prosecutorial role.

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner violence: www.saveservices.org

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Accusing U. False Allegations Innocence Press Release Sexual Assault Violence Wrongful Convictions

PR: No DNA, No Witnesses, No Evidence: Brian Banks Case Spotlights Need for Rape Reform

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

No DNA, No Witnesses, No Evidence: Brian Banks Case Spotlights Need for Rape Reform

WASHINGTON/January 8, 2013 – The upcoming 60 Minutes appearance of Brian Banks will highlight flaws in the American criminal justice system, including laws pertaining to sexual assault. Brian Banks, who spent 5 years in prison on a false allegation of rape, will be featured during the January 27, 2013 broadcast of the CBS show 60 Minutes.

Brian Banks was a 16-year-old football star in Long Beach, Calif. when he was accused of rape by Wanetta Gibson. Fearing a life sentence, Banks agreed to a plea bargain, even though there was no DNA, witnesses, or other evidence to support the accusation.

Banks spent over five years in prison. After his release, Wanetta Gibson admitted during a taped interview that her accusation was fabricated. On May 24, 2012, Los Angeles Superior Court Judge Mark C. Kim exonerated Mr. Banks.

“There are a lot of guys out there in that situation,” Justin Brooks of the California Innocence Project told CNN. The tragedy, Mr. Brooks said, was that “if we hadn’t got that recantation, Brian would have gone through this the rest of his life.”

Wrongful convictions of persons accused of sexual assault are widespread. According to a 2012 Urban Institute study, 15% of persons imprisoned on charges of sexual assault did not have a DNA match to the alleged victim (1).

According to a 2008 review of state rape laws, not a single state requires independent corroboration of a rape claim (2). Law professor Richard Klein criticizes current rape laws as “fundamentally unfair” to defendants.

“The tragedy of Brian Banks shows the presumption of innocence has been lost in sexual assault cases,” explains SAVE spokesman Howard Goldman. “Lawmakers need to act now to stop the wrongful convictions of persons falsely accused of rape.”

“The Constitution says no person should be deprived of liberty without due process of law,” explains SAVE spokesman Howard Goldman. “By deflecting the burden of proof to Mr. Banks, his due process guarantees were tragically removed.”

Stop Abusive and Violent Environments is a legal reform organization working for evidence-based solutions to partner violence and sexual assault: www.saveservices.org.

(1) http://www.urban.org/UploadedPDF/412589-Post-Conviction-DNA-Testing-and-Wrongful-Conviction.pdf
(2) http://www.uakron.edu/law/lawreview/v41/docs/Klein_final08.pdf

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Civil Rights False Allegations Innocence Law Enforcement Press Release Prosecutorial Misconduct Sexual Assault Wrongful Convictions

PR: Prosecutorial Misconduct May be Widespread, SAVE Calls on Lawmakers to Act Now to End Abuse

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

Prosecutorial Misconduct May be Widespread, SAVE Calls on Lawmakers to Act Now to End Abuse

WASHINGTON/ December 20 – Following a bar panel recommendation to suspend the license of Hancock County prosecutor Mary Kellett, SAVE has identified other instances of unethical and biased conduct by Maine prosecutors. SAVE, a legal reform organization, calls on lawmakers to act swiftly to restore the good name of the state’s criminal justice system.

On December 5, a three-member panel of the Board of Overseers of the Bar found Assistant District Attorney Kellett violated at least 7 Maine Bar Rules, and recommended she be sanctioned with a “period of suspension:” http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_discipline&id=464815&v=article

Now, SAVE has documented other instances of unethical and untruthful actions by Maine prosecutors:

1. Mary Kellett’s supervisor was aware of and approved her actions. In the words of the Bar panel, “Ms. Kellett’s supervisor, the then District Attorney, failed to comply with M. Bar R. 3.13(a)(3) by ratifying Ms. Kellett’s conduct.”

2. In 2010, the Maine Supreme Judicial Court ruled that prosecutor Kellett acted “improperly” in a sexual assault case. Despite this finding, Maine Attorney General Janet Mills did not institute any remedial or oversight measures. According to the Bar panel, “Despite the Superior Court’s rulings and the Law Court’s decision regarding the unfair prejudice to the defendant, Ms. Kellett testified at the disciplinary hearing that she would not change that aspect of her rebuttal argument, if she were to do it again.”

3. Newly elected Portland prosecutor Stephanie Anderson sponsors a web page on domestic violence that makes this claim: “Domestic abuse is the single major cause of injury to women—more than automobile accidents, stranger rape and muggings”: http://www.cumberlandcounty.org/DA/dv.htm. This statement is directly refuted by the U.S. Centers for Disease Control: http://www.cdc.gov/ncipc/wisqars/nonfatal/quickpicks/females.html

“These cases reveal Maine’s prosecutors are operating with little regard for ethics, Supreme Court decisions, or even scientific fact,” notes SAVE spokesman Steve Blake. “Lawmakers and citizens must bring to an end to this bizarre and embarrassing situation.”

Earlier this month, Maine’s former top drug prosecutor James Cameron was arrested in New Mexico. Cameron had disappeared hours after an appeals court upheld his child pornography convictions: http://www.bostonglobe.com/metro/2012/12/04/arrested-maine-prosecutor-due-court/QKRNvq8X3lr6v3BEbyd6KN/story.html

Stop Abusive and Violent Environments is a legal reform organization working to restore the presumption of innocence in the nation’s legal system: www.saveservices.org/innocence

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Civil Rights Domestic Violence False Allegations Innocence Law Enforcement Press Release Sexual Assault Wrongful Convictions

PR: Presumed Innocent? SAVE Unveils Innocence Quilts to Spotlight Need for Legal Reform

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

Presumed Innocent? SAVE Unveils Innocence Quilts to Spotlight Need for Legal Reform

WASHINGTON/ December 18, 2012 – A legal reform organization has unveiled innocence quilts to highlight the growing problem of the loss of the presumption of innocence. Affirmed by the U.S. Supreme Court, the presumption of innocence has long been viewed as a bedrock principle of the American legal code.

SAVE – Stop Abusive and Violent Environments — believes widespread changes are urgently needed to restore the integrity of the criminal justice system, protect civil rights, and thwart false allegations. False accusations serve to divert scarce services and protections from needy victims.

Each innocence quilt lists the names of about 30 persons wrongfully convicted and later exonerated of crimes such as sexual assault and child abuse. The purpose of the quilts is to highlight the devastating effect of wrongful convictions on innocent persons, and to alert the American public to the pressing need for reform: www.saveservices.org/innocence/quilt.

Legal scholars have decried the loss of the presumption of innocence:

  • “The words ‘accused’ and ‘convict’ are becoming increasingly synonymous.” — Francois Quintard-Morenas, Georgetown University
  • The “presumption of innocence no longer protects defendants before trial.” — Shima Baradaran, Brigham Young University
  • “Evidentiary standards for proving abuse have been so relaxed that any man who stands accused is considered guilty.” — Cheryl Hanna, University of Vermont

“Over the last 30 years, federal and state laws have whittled away at the presumption of innocence,” notes SAVE spokesman Chris Thompson. “As a result, persons have been convicted and imprisoned based solely on the claim of a single accuser without any witnesses or corroborating evidence. That’s a legal and moral travesty that cannot be allowed to continue.”

Last week Eric Glisson and Cathy Watkins of New York were declared innocent after spending 15 years in prison on a false murder charge. To date, 1,039 persons have been exonerated of a broad range of offenses: http://www.law.umich.edu/special/exoneration/Pages/about.aspx

Stop Abusive and Violent Environments is a legal reform organization working to restore the presumption of innocence in the nation’s legal system: www.saveservices.org/innocence